Decree
A decree is a formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties. A decree may be preliminary or final. A preliminary decree declares the rights and liabilities of the parties leaving the further considerations to be determined in future proceedings. A final decree is one which fully and finally disposes of the suit.
As per Section 2(2) of the Code of Civil Procedure, a decree includes rejection of a plaint and determination of any question within section 144 of CPC but shall not include,
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
A decree may be partly preliminary and partly final. A decree shall contain the number of the suit, the names and descriptions of the parties, their registered addresses, and particulars of the claim. It should specifically state the relief granted or other determination of the suit. The decree should also state the amount of costs incurred and by whom it shall be paid. A decree signed by the Judge and bearing the seal of the Court is executable as a formal judgment without any further proceedings.
Judgment
The judgment means the statement given by the Judge on the grounds of decree or order. As per Order XX Rule 6, the judgment shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
A judgment combines the decree with the reasons underlying the decree. It embraces decretal order and grounds of the decree. The judgment spells out the verdict of the Court after due consideration of the rights and contentions of the parties. A judgment pronounces conclusively upon the matter in controversy between the parties.
Order
An order is the formal expression of any decision of a Civil Court which is not a decree. As per Section 2(14) of CPC, an order is the formal expression of any decision in a civil suit which is not a decree. An order is a step towards the final adjudication and determination of the rights of the parties. It does not finally determine the rights of the parties. An order is generally passed on different procedural aspects/applications during the pendency of the suit.
For example, an order may be passed on an application for attachment before judgment or appointment of receiver or injunction etc. An order is appealable if specifically permitted under Section 104 read with Order XLIII of CPC.
Foreign Court
As per Section 2(5) of CPC, a Foreign Court is a Court situated outside India and not established or continued by the authority of the Central Government. It does not include the Supreme Court or any High Court exercising jurisdiction in any State. It essentially refers to judicial forums of foreign countries.
For a foreign judgment rendered by a Foreign Court to be enforceable in India, the foreign court must have had jurisdiction according to Indian laws. The judgment should have been rendered on merits after following due process. The judgment should also not have been obtained by fraud or based on breach of Indian law. The judgement debtor should have voluntarily submitted to the jurisdiction of the foreign court.
Foreign Judgment
According to Section 2(6) of CPC, a foreign judgment means the judgment of a foreign Court. A foreign judgment is considered conclusive unless it is established that –
- The judgment was pronounced by a court which did not have jurisdiction.
- The judgment was not given on merits of the case.
- The proceedings in which the judgment was obtained were opposed to natural justice.
- The judgment was obtained by fraud.
- The judgment sustains a claim founded on a breach of any law in force in India.
A certified copy of a Foreign Judgment may be filed in an Indian Court for execution. The Court shall presume the judgment was pronounced by a Court of competent jurisdiction unless the contrary appears on record. However, if the judgment does not fall within the exceptions listed above, it is considered conclusive and cannot be impeached for any error of fact or law.
Mesne Profits
Mesne profits refer to the profits which a person in wrongful possession of property received or might have received from such property while in possession. As per Section 2(12) of CPC, mesne profits of property mean those profits which the person in wrongful possession of such property received or might have received with ordinary diligence and care while in possession.
For example, A illegally takes possession of B’s house and earns rent for several months before the house is restored back to B. The rent amount earned by A constitutes the mesne profits which rightfully belongs to B. The purpose of mesne profits is to compensate the rightful owner for the loss of income while their property was in wrongful possession. It acts as damages for the unlawful occupation.
Affidavit
An affidavit means any statement of fact confirmed by an oath or affirmation. As per Section 2(1) of CPC, an affidavit means a statement in writing signed by the deponent and affirmed by oath before a person having authority to administer an oath. An affidavit contains a written sworn statement of facts voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.
Affidavits are used as evidence in civil proceedings. They are confirmatory statements made under oath before judicial forums. They present facts, data and information in a manner suitable for presentation before the Court. Affidavits must contain only facts which the deponent believes to be true and correct. Any false statements may attract penalties for perjury.
Suit
As per Section 2(l) of CPC, a suit refers to any civil proceeding initiated by a plaint or petition filed before a court of law. It refers to a litigation or judicial action initiated by one party against another for enforcement of a legal right. The plaintiff who files the suit is called the suitor.
The suit commences from the presentation of the plaint. The suit encompasses the entire proceedings from filing until execution of decree or final judgment. It continues until the litigation is live before the court. A suit terminates only on the passing of a decree or dismissal of the plaint. Multiple issues or claims may be incorporated within the same suit. The court exercises jurisdiction by virtue of the institution of the suit.
Plaint
A plaint refers to the formal written statement filed by the plaintiff which initiates a civil suit. As per Order VII Rule 1 of CPC, the plaint shall state the facts, grounds of cause of action, valuation, jurisdiction, details of parties, and the relief claimed by the plaintiff. It provides information which is necessary to enable the court to determine whether it has jurisdiction to entertain the suit. The plaint sets out the cause of action detailing the plaintiff’s claims which are sought to be enforced by the suit.
Written Statement
A written statement refers to the reply statement filed by the defendant responding to the plaint and its material allegations. As per Order VIII Rule 1 of CPC, the defendant should file a written statement dealing with each claim in the plaint with his set-off and counterclaim, if any. The written statement enables the defendant to present his version of the facts and contention in the proceedings.
The written statement shall state which allegations in the plaint are admitted, which are denied, and the facts based on which allegations are denied. It should also state any special knowledge the defendant has regarding the facts of the case. The written statement provides the defendant an opportunity to contest the proceedings and resist the relief claimed in the suit. It outlines the defence taken by the defendant. In summary, these key terms relate to the adjudicatory machinery, processes and procedures involved in the conduct of civil suits as per the Code of Civil Procedure. The definitions and scope provided under the CPC establish the framework for the initiation, processing, trial, adjudication and execution of civil disputes in India.
